Overview
Hawkins County is located in Tennessee with a population of approximately 56,721. The Hawkins County Chancery Court (Probate Division) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Tennessee probate is governed by Title 30 of the Tennessee Code. The process begins with filing a Petition for Letters of Administration or Letters Testamentary to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Tennessee offers a Small Estate Affidavit procedure for estates valued at $50,000 or less (excluding real property). This process is faster and less expensive than full probate.
Tennessee does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable" and approved by the court.
This guide provides an informational overview of the Hawkins County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Hawkins County Chancery Court (Probate Division)
Probate matters in Hawkins County are handled at the Hawkins County Courthouse.
Address: 100 East Main Street, Suite 316, Rogersville, TN 37857
Phone: (423) 272-8150 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Chancery Court Clerk & Master handles probate matters. The office is located on the 3rd floor of the historic courthouse.
Parking and Access
Public parking is available around the courthouse square and in nearby municipal lots. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less (excluding real estate), you may file a Small Estate Affidavit to transfer assets without full probate.
- Muniment of Title: Used to transfer real estate when there are no debts or other assets to administer.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Hawkins County Chancery Court (Probate Division). Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $375)
- Oath of Personal Representative
E-filing is available through the Tybera system. To register for electronic filing, visit https://go.tybera.net/tncis/reg.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 60 days before the hearing
- Publish notice in a newspaper of general circulation in Hawkins County for two consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — the creditor claim period in Tennessee is 4 months from the date of first publication.
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Hawkins County-Specific Procedures
- Local Rules: The 3rd Judicial District has specific local rules regarding probate; consult the Clerk & Master for details. Pursuant to local rules, probate matters require representation by an attorney.
- Bond: Bond is required unless waived by the Will or by all beneficiaries/heirs.
- Inventory: An inventory of assets is due within 60 days of appointment unless waived.
- Publication: Notice must be published in a newspaper of general circulation in Hawkins County for two consecutive weeks.
The court requires a check for publication costs (payable to The Rogersville Review) at the time of filing.
Timeline & Fees
Filing Fees (Hawkins County)
- Opening an Estate: approximately $374.50
- Small Estate Affidavit: approximately $149.50
- Certified copies of Letters: approximately $5.50 per certified copy
- Publication costs: approximately $288.00
- Muniment of Title: approximately $374.50
Tennessee law requires attorney and executor fees to be "reasonable" based on the complexity of the estate.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 4-month creditor claim period is the primary factor determining the minimum timeline.
Local Resources
Hawkins County Court Resources
- Court Website: hawkinscountytn.gov
- Probate Self-Help: Tennessee Self-Help Center
- TN Court Forms: TN Court Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — Statewide legal resources
- Legal Aid of East Tennessee: (423) 587-4850 — Free legal assistance for low-income residents
- tba.org: tba.org
Publication
- The Rogersville Review: (423) 272-7422 — Official newspaper for legal notices
- Kingsport Times-News: (423) 246-8121 — Regional newspaper